This post will be the first of several geared toward answering the most common questions we hear from clients during initial consultations for personal injury claims (which we conduct for free regardless of whether we take your case).
Oftentimes, when an injury arises due to the fault of another, the injured party does not feel that his or her health insurance should have to foot the bills. Rather, the feeling is that the wrongdoer’s insurance should pay for all reasonable and necessary medical care. In certain circumstances (usually stemming from an injury occurring on business property), there may be medical coverage available. Generally speaking, however, the insurance provider for the individual or company that caused the injury does not pay the medical bills as they are incurred. Simply put, because that insurance company does not have a contract with you, it does not have an obligation to pay for medical care. You as the injured party have what is known as a “third-party claim,” i.e., a claim against the insurance company who provides insurance coverage to the individual or entity.
Accordingly, until that claim is resolved through settlement or trial, an injured individual must take appropriate steps to arrange payment for medical bills, including submitting them to whatever insurance coverage is available (be that medical payments coverage under his/her own automobile insurance or a health insurance plan) or setting up a payment plan with the provider so that the bills do not end up in collection. Assuming benefits are received from other insurance companies, those companies typically have a right to be reimbursed once there is a recovery from the company providing insurance for the third party who caused the injury.
If you have additional questions about your medical bills, personal injury, and your legal rights, please contact our lawyers for a free initial consultation.
Owens, McCrea & Linscott, PLLC